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HomeMy WebLinkAbout2005-07-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 19,2005 The regular meeting of the City Council of the City of Apache Junction. Arizona,was held on July 19,2005,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Sippel led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: Others Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director Terry McDonald City Engineer Ron Grittman Senior Planner Rudy Esquivias Associate Planner Steve Abraham Management Assistant Janine Solley REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 1 OF 28 Public Works Manager Shane Kiesow Economic Development Specialist Ken Simpkins ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO.05-24,A RESOLUTION OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE MAYOR TO EXECUTE AN ECONOMIC DEVELOPMENT AGREEMENT WITH APACHE JUNCTION IMPORTS,INC., AND DECLARING AN EMERGENCY.BE APPROVED;AND THAT THE AWARD OF BID FOR PROJECT NO.PW 2005-05,TIRES,BE AWARDED TO PURCELL TIRE COMPANY FOR ITEM NOS.1,8,12,26 AND 30;TO GCR TIRE CENTER FOR ITEM NOS.2.9,13,17,AND 21;TO AM -PAC TIRE PROS FOR ITEM NOS.3,5,6,7,10, 14,15,16,18,20.22,23,24,27,28 AND 29;TO REDBURN TIRE COMPANY FOR ITEM NOS.4,19 AND 31;AND TO AM -PAC TIRE DISTRIBUTING FOR ITEM NOS.11 AND 25,FOR A TOTAL AMOUNT NOT TO EXCEED $32,297.73;AND THAT RESOLUTION NO.05-25,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RATIFYING CITY OF APACHE JUNCTION MEMBERSHIP IN THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS,BE APPROVED:AND THAT THE AWARD OF BID FOR PROJECT NO.2005-07,SAND AND AGGREGATES,BE AWARDED TO CEMEX IN AN AMOUNT OF ±$272,500:AND THAT THE CITY OF APACHE JUNCTION REJECT ALL BIDS FOR PROJECT PW 2005-05, TRAFFIC SIGNAL PREEMPTION INSTALLATION AND PROGRAMMING. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman read a proclamation designating August as Drowning Impact Awareness Month. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 2 OF 28 CALL TO THE PUBLIC Mrs.Tess Nesser,1511 S.Cactus,Apache Junction,addressed the council regarding the Boys and Girls Club.They will be having their 13nth annual charity event on August 20,a bowl-a-thon named in honor of Corwin Brundrett. Bowling teams can contact Sandie Smith or herself for information.They will be raffling off a new Dell computer this year. Mr.Fred Charlton,6086 E.Thunderbolt,Apache Junction,addressed the council regarding the Apache Junction Society for the Arts.He is the secretary.He commented the council had at an earlier council meeting approved a plan to use the new city hall as a place to display the talents of local artists in order to increase public awareness of the artists in the community.Members of the society met with Joel Stern this afternoon to discuss how the project can be moved forward.They will be working closely with Amy Malloy and other city staff to set guidelines for attracting the work of local artists and determining the best way to display their art.They believe their role to be working advisors to city staff in order to make art an ongoing and positive enhancement to the city.They will need to determine the number of art pieces that could be displayed,the length of time an item is on display,and lighting and hanging requirements.They welcome any suggestions and questions as they move towards that goal. Mr.Chip Wilson,128 S.Starr Road,Apache Junction,addressed the council regarding the neighborhood maintenance standards committee.He asked when they would be having their first meeting as he wanted to attend. Councilmember Waldron stated the first meeting will be on August 4 at 6:00 p.m.in the city council chambers. CITY MANAGER'S REPORT Assistant City Manager Bryant Powell stated he commented at last night's work session on the high priorities the council had set this fiscal year.The three overriding priorities for staff have been state land opportunities, downtown redevelopment update and customer service.Last night council was given the full breadth of information staff had obtained and the aggressive plan for implementation with State Land.Progress is being made on the redevelopment of South Phelps Drive.The turn lane is in,and the streetlights and sidewalks are yet to come.The underground utilities will be REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 3 OF 28 done soon.This will enhance the downtown area and may attract more potential businesses that will enhance sales tax revenues.Staff continues to have customer service as a high priority.Surveys have been distributed that are tied to employee satisfaction to help identify where improvements need to be made.Management is committed to creating an employee and customer satisfaction that are first rate.The leadership team and department directors are developing departmental programs that seek to motivate and inspire staff.Staff is excited about the overall community development and growth.We are becoming a learning organization,consistently and constantly monitoring how staff and resources can be used most effectively for the betterment of the community has a whole. PUBLIC HEARINGS ORDINANCE NO.1240,PLANNED DEVELOPMENT REZONING REQUEST,PZ-7-05,REQUEST BY TANA NICHOLS ON BEHALF OF HABITAT FOR HUMANITY TO REZONE A 5 -GROSS ACRE PARCEL FROM GR TO CR-3/PD FOR THE PURPOSE OF DEVELOPING AN 18 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND GREASEWOOD )Associate Planner Steve Abraham briefed the council on the item.He distributed handouts regarding suggested stipulation changes received from some councilmembers at the work session and an additional map.He stated the general plan designates the site as medium density residential with 1.6 dwelling units per acre.He described the surrounding area.The subdivision will be serviced by a public street cul-de- sac with lots on the north and south sides.The retention basin is on the west side of the development.The CR-3/PD provides for 7,000 sq.ft.lots by planned development.He displayed the housing elevations on the overhead screen.There are several stipulations,including all provisions of the CR-3 zoning district that apply,each yard shall be furnished with a front yard landscaping package with plant quantities,the required landscape setback along Greasewood shall be reduced from 20'to 5',any development on the site shall be to city standards and approved by the city engineer,that the one model that shows a porch indentation shall not have that porch indentation recess in the front fascia,and each house shall be furnished with a one or two car garage.Staff recommends approving the ordinance as written as REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 4 OF 28 recommended by the planning and zoning commission.The applicant would like to comment on some of the stipulations presented by council. Vice Mayor Eck asked what the stipulation stating that one of the models would not have a porch indentation recess means. Associate Planner Steve Abraham stated the front of the home would be flat and perfectly squared off. Vice Mayor Eck asked if this means that every third home would have that stipulation. Associate Planner Steve Abraham stated that is correct.They would like to keep the architecture variability in the subdivision.They have multiple models and the applicant does prefer to have the one home without the porch recess. Councilmember Insalaco asked if any thought had been given to the color scheme.He was concerned about one color. Vice Mayor Eck stated everyone sees the blue home with the purple trim. Councilmember Insalaco stated he has no real problem with the colors,but they have all these earth tones and then there is this blue. Associate Planner Steve Abraham stated there is a stipulation that the colors be a variety of southwestern color tones.They could tighten it up to include the design guidelines color palette.It would need to be added to stipulation 6. Councilmember Sippel stated he thought they would be okay.He does not believe they will see blue or purple homes. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 5 OF 28 Mr.Lee Mashburn,board member for Habitat for Humanity,addressed the council.He commented the Habitat was formed in 1976 and i t has built over 150,000 homes in over 89 countries throughout the world.It gives a hand up to hardworking people that need help getting into traditional homes.I t is a huge problem in Arizona,particularly as it grows.The basic program for a homeowner is that they have to qualify for a home,pay mortgage payments,have a good credit history,and a stable income for over 2 years.They have done significant studying on how to provide housing for those people so that i t is successful.I t is seldom that a foreclosure is needed.He mentioned that because the council is requesting they make changes to the program that they have,specifically stipulations 6 and 7,it changes things because they add cost to the program.Stipulation 6 will add square footage;it will add operating costs and construction costs. All the homes are built by volunteer labor and contributed material.They have a fixed budget that they try to stay within so that the people Who get these homes can afford the mortgage payments.The garage issue has been studied in depth and they have found that it becomes a place for people to keep junk with the car being parked outside.They believe i t is detrimental to the neighborhood they are creating;they do not put garages in for that reason.The garage will also add cost to the home,adding to the mortgage payment and creating additional pressure on the homeowner.He requested they approve the original planning commission's recommendations and forego the additional stipulations. would be an open carport. correct. would be one or two cars. Councilmember Insalaco asked if it Mr.Lee Mashburn stated that is Councilmember Insalaco asked if it Mr.Lee Mashburn stated it would be for one car and the stipulations call for another pad for a car to park on. They often have a long driveway for two cars to park in tandem,but this project does not have that. Councilmember Insalaco asked if the carports would have a storage area or wash area. REGULAR MEETING OF THE CITY COUNCIL JULY 19.2005 PAGE 6 OF 28 Mr.Lee Mashburn stated there is a small storage unit or shed located in the backyard where they can store lawn tools and such.If one is not careful,one uses the garage as a mini -storage. They try to avoid that. Councilmember Insalaco commented he would really like to see this project approved,and he understands where he is coming from price -wise.He would rather do without the two -car garage and see this happen. Mr.Lee Mashburn stated i t is a significant issue with them.They have no homes in this valley today with garages.It is a cost issue,but i t is also an operational issue for the communities that they develop the homes in.They do have some freestanding lots,but their focus now is to develop communities.They do not want to develop projects with cars sitting out front or on the street. Councilmember Sippel asked if every house would have a carport. Mr.Lee Mashburn stated that is correct. Vice Mayor Eck asked if this will be similar to the pictures they were shown from South Ranch,including the separating wall with the gate so that they can park in the rear.It appears like they have walls between each home,with a gate on the carport side and the carport actually in the rear. behind the wall behind the gate. carports are behind the gate. correct. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 7 OF 28 Mr.Lee Mashburn stated they park Councilmember Sippel commented the Mr.Lee Mashburn stated that is Councilmember Sippel commented i f there were anything stored on the carport,it would not be visible from the street. Mr.Lee Mashburn stated it would not. Vice Mayor Eck commented they are looking at what they are specifically going to build. correct. average square footage. from 1,100 sq.ft.to 1,400 sq.ft. range in value for the homes. Mr.Lee Mashburn stated that is Vice Mayor Eck asked if he knew the Mr.Lee Mashburn stated they range Vice Mayor Eck asked if he knew the Mr.Lee Mashburn stated the 3 bedroom homes cost about $93,000 to build and the 4 bedroom homes cost about $95,000 to build.The cost of land is what is driving the price up so high. make them in the high 100"s. cost only. value would be. Vice Mayor Eck asked if that would Mr.Lee Mashburn stated that is the Vice Mayor Eck asked what the retail Mr.Lee Mashburn stated he believed the appraised value would be about $150,000.However,they do not allow people to move in and then sell the home. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 8 OF 28 Vice Mayor Eck stated he understood that.He thinks i t is a great program.He asked because someone who lives in the nearby area was concerned about devaluation.They are actually a neighbor of his and he welcomes them wholeheartedly.He thinks i t is a great project for that area.He asked if they had a problem with the palette that was recommended for the paint. Mr.Lee Mashburn stated they have no trouble with that at all. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion. Councilmember Insalaco stated he would like to see stipulations 6 and 7 dropped. Mayor Coleman closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT ORDINANCE NO.1240 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO.1240,AS READ BY THE CITY CLERK,BE APPROVED WITH THE MINOR CHANGE TO OPTION NUMBER 6,TO JUST FOLLOW THE PALETTE OF COLORS SUGGESTED BY STAFF HERE, RECOMMENDED BY STAFF. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 9 OF 28 Councilmember Sippel SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO.1241,PLANNED DEVELOPMENT REZONING REQUEST PZ-11-05.REQUEST BY KEVIN RUBENSTEIN ON BEHALF OF ROGER RILEY TO REZONE FIVE 7,500 SQ.FT.LOTS FROM CB -1 TO CR-3/PD FOR THE PURPOSE OF APPROVING A DEVELOPMENT PLAN OF 5 SINGLE FAMILY DWELLINGS WITH ONE DWELLING PER LEGAL LOT;SITE IS LOCATED ON THE SOUTHWEST CORNER OF 9TH AVENUE AND COLT )Associate Planner Steve Abraham briefed the council on the item.He distributed another handout with proposed stipulations requested by the council at the work session.He described the surrounding area.The applicant is requesting a few deviations from the standard requirements of the CR-3 zoning.The applicant would like to reduce the side yard setback from 10'and 10'to 10 and 5'.This would be for lot 52,the corner lot.Normally there is a 15'side yard setback for a corner lot:he would like to go down to 10'.He would like to avoid commercial landscape requirements as required by Ordinance No.940.He would also like to have 50'lot widths instead of the normal 60'lot width.The applicant will be building slightly larger houses than the ones he has built previously down the street.These homes will be 1,700 sq.ft.instead of 1,500 sq.ft. Council was concerned about the placement of the air conditioning;staff has deleted everything after "ground -mounted".It now reads that heating,air conditioning and HVAC units shall be ground -mounted.The applicant can then pick the location of the air conditioning unit.Staff recommends approval of the ordinance as written including stipulations that the CR-3 base zoning will apply;the setbacks for lot 52 shall be 20'in front,20'in the rear.10'on the street side and 5'on the interior side;a front yard landscape package shall be furnished including 1 tree,5 shrubs,and 50 sq.ft.of vegetative groundcover;that the HVAC units be located in the backyard or side yard and must be screened from the street;the formation of a key lot is prohibited: and that the dwellings be painted in southwestern colors according to the REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 10 OF 28 design guidelines.The Planning and Zoning Commission recommended approval unanimously. Councilmember Waldron asked what the setbacks are on all the other lots except 52. Associate Planner Steve Abraham stated they are 20'in the front,10'and 5'on the sides and 20'in the rear. Councilmember Waldron asked if that was on lot 52 or the other lots. Associate Planner Steve Abraham stated that is for the other lots.Lot 52 is 20'in front and rear,10'on one side and 5'on the other.Everyone has the same setbacks. Councilmember Dietz commented they will have at least 10'in between the homes. stated that is correct. applicant address the council. council to answer any questions. Associate Planner Steve Abraham Mayor Coleman requested the Mr.Roger Riley addressed the Vice Mayor Eck asked if the stipulation for the air conditioning helps them. Mr.Roger Riley stated he believes i t allows for the placement to be where i t is adequate. Vice Mayor Eck asked if he had built a number of homes in the area. Mr.Roger Riley stated he had. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 11 OF 28 Vice Mayor Eck asked if this is similar and possibly bigger than what he had been building in that area. Mr.Roger Riley stated they are a little bit bigger.They can have two -car garages rather than one -and -a -half cars.It allows for something more flowing.They are wider and the garage does not stand out so much and dominate the house. Vice Mayor Eck commented i t is a good infill project. Mayor Coleman commented he would still like to have the part of stipulation 4,having the air conditioning units be screened from the street,left in. Mr.Roger Riley stated they would all be fenced in with block fencing.There is a walk through gate on the 10' side.It is screened completely from anyone walking.There are RV gates in the rear,so anyone coming in would be coming in that way. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no further discussion,he called for a motion. City Attorney Joel Stern stated Steve Abraham had something to add. Associate Planner Steve Abraham stated there is a slight typographical error in the ordinance.They need to add a Section I -In General,with the legal description of the subject property.It needs to be added as part of the motion. City Attorney Joel Stern stated i t has to be part of the motion,and staff can add that and the mayor can sign i t later when i t has been corrected. Councilmember'Waldron MOVED THAT ORDINANCE NO.1241 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 12 OF 28 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO.1241,AS READ BY THE CTIY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT TO ADD SECTION I -IN GENERAL,THE LEGAL DESCRIPTION,AND THAT STIPULATION NUMBER 4 READ AS FOLLOWS:HEATING, VENTILATING AND AIR CONDITIONING UNITS.HVAC,SHALL BE GROUND -MOUNTED AND SCREENED FROM THE STREET. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS RESEARCH AND/OR POSSIBLE CHANGES TO CITY SIGN ORDINANCE AND REGULATIONS REGARDING REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 13 OF 28 THE REPAIR AND MODIFICATION OF NONCONFORMING SIGNS )Councilmember Severs briefed the council on the item.He commented he brought this up last night due to nonconforming signs in the city,especially those on Main Street.He had wanted to direct staff to look again at the existing nonconforming sign criteria and possibly make a stipulation that if someone wants to apply for a conditional use permit.it could be for the sign only.It would not have,in addition,landscaping,curbing,islands and other items like that that could be applied to improve their sign. Mayor Coleman asked if this is already possible under the current ordinance. Senior Planner Rudy Esquivias stated the conditional use permit process that is currently in place could conceivably grant a conditional use permit without conditions.The conditional use permits are subject to the discretion of the Planning and Zoning Commission.In cases of nonconforming signs,he is not aware that they would have to make any changes to the ordinance to specifically state that non -conforming could be allowed to be replaced without conditions.They can add that language in there. City Attorney Joel Stern stated he believes the language currently reads that there can be reasonable conditions placed on the conditional use permit.I t is up to the Planning and Zoning Commission if they want to add landscaping,screening or other items.If they want to prohibit them from doing it,then they would have to change the code section.If they want to let them have that discretion,it can stay as is. Assistant City Manager Bryant Powell asked if that discretion can be that they do not add a condition on there. City Attorney Joel Stern stated they have that discretion now:they do not have to add a condition.It states they may add reasonable conditions. Councilmember Dietz asked if the applicant has the opportunity to appeal to the council. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 14 OF 28 City Attorney Joel Stern stated they do. Vice Mayor Eck commented they would still go through the conditional use permit.He added he understands what Councilmember Severs is trying to do.The process would accomplish that;i t depends on how bad everything else is for the business location.He would like to be able to repair the sign only without having to apply Ordinance No. 940 for those signs that have been there for 10 or 20 years and not been repaired. Senior Planner Rudy Esquivias stated there is a definition issue.Any signs that are out there that are taller than 12'are basically nonconforming.They can add language to the sign code which would say that conditional use permits requested for existing nonconforming signs may be processed without being subject to conditions. Vice Mayor Eck commented he does not appear to be saying that with much enthusiasm. Mayor Coleman stated he is not enthusiastic about it either.He likes the fact that the Planning and Zoning Commission has the discretion to look at i t and come up with something that is fair as far as improving the landscaping and aesthetics of the downtown area. He thinks i t should be left the way i t is. City Attorney Joel Stern stated i t can be appealed to council if the applicant does not like the conditions.The applicant can state i t is costing them too much money and request a condition be removed. Councilmember Dietz commented the option is already there. City Attorney Joel Stern stated that is correct. Councilmember Severs commented he would like to see it made easier for the applicant.If someone is spending $15,000 to $20,000 to improve their sign,i t is a good start towards improving REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 15 OF 28 the looks of their business.He believes they would be discouraging them if the city requires them to spend another $20,000 on landscaping.He would like to encourage people to replace their signs. Mayor Coleman commented they should be able to do that without ever having to do to step 2. Councilmember Severs stated he is not necessarily saying they would never do that. Mayor Coleman commented he believes it would be encouraging them to do that. Councilmember Severs stated he did not know if that would happen,but he would like to encourage them to take the first step. Councilmember Sippel commented i t is his understanding that they can repaint the sign,put up new outside film,and the city does not even need to see that. Senior Planner Rudy Esquivias stated that is correct.They can reasonably maintain now,painting them or rewiring them,as long as no major structure changes are involved. Councilmember Sippel stated they would not be on them for having a sign too high or too wide.They could change the color,rewire it or put new plastic pieces out front. Senior Planner Rudy Esquivias stated they can do that now. Councilmember Dietz asked if a person wanted to change their nonconforming sign,wanting to rebuild it but leaving it the same height but with possibly a little more width to make i t look good,could go to Planning and Zoning for a conditional use permit. Senior Planner Rudy Esquivias stated they could. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 16 OF 28 Councilmember Dietz asked if the Planning and Zoning Commission has the option to do i t or not if the applicant comes to them and presents their case stating they do not have the financing to do the landscaping but they want to make the sign look really good. Senior Planner Rudy Esquivias stated that is correct,with or without conditions. Councilmember Dietz asked if the applicant then comes to the council if the Planning and Zoning Commission does not approve it. Senior Planner Rudy Esquivias stated the applicant could still come before the council if the commission approved it but with conditions that applicant was not in agreement with.They can appeal a denial or an approval. Councilmember Dietz commented the steps are in place where they can do that so no change is necessary in the ordinance. Senior Planner Rudy Esquivias stated that is correct. Councilmember Severs commented there are a lot of signs where they can change the plexiglass and the paint and i t will make no difference in how the sign looks.Chances are they are not going to make the improvements if the commission tells them they need to do landscaping,curbs and islands.The signs are very unattractive on our main street.We are trying to attract new business and make our downtown look better.We are telling people we want them to improve their signs,yet they also have to do $20.000 in landscaping.He would like to see it done,but they need to start making it easier for the business owners. Councilmember Waldron asked if they would be required to put in islands in the entire parking lot if a person came to them wanting to redo the sign for ABCO Plaza and asking for no deviations from the existing ordinance. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 17 OF 28 Senior Planner Rudy Esquivias stated a conditional use permit is by definition conditional.Staff would probably recommend some additional improvements for the keeping of a sign that is already nonconforming.The recommended conditions are subject to the discretion of the commission or,ultimately,the council if appealed. Councilmember Waldron asked if there is a requirement to put islands in or curbs all around it or is it just the sign location. Senior Planner Rudy Esquivias stated they look at each property in a case by case basis as to what are reasonable trade-offs for getting something that is not normally allowed by code.It could be landscaping,façade improvement or something else. Councilmember Severs asked how often i t happens that the commission requests something be done that has nothing to do with the sign. Senior Planner Rudy Esquivias stated trade-offs are trade-offs,and those types of approvals are probably done regularly. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck suggested they leave this item open and not take any action.He thinks Councilmember Severs has a good idea and suggested he talk directly to Rudy and they may be able to come up with something rather than take action at this time and close the item out. Mayor Coleman asked if he was talking about spending staff time on this. Vice Mayor Eck stated he did not believe it would have to be extensive hours.He believed Councilmember Severs would not have to talk to Rudy for more than an hour or two. Mayor Coleman requested he put that in the form of a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 18 OF 28 Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCH AND/OR POSSIBLE CHANGES TO CITY SIGN ORDINANCE AND REGULATIONS REGARDING THE REPAIR AND MODIFICATION OF NONCONFORMING SIGNS:WE TAKE NO ACTION ON IT AT THIS TIME AND LEAVE IT UP TO POSSIBLE FURTHER CONSIDERATION AT A LATER DATE IF A COUNCILMEMBER DESIRES. Councilmember Severs SECONDED THE MOTION. VOTE:3-4 (Mayor Coleman and Councilmembers Insalaco,Sippel and Waldron voted in opposition.) The motion failed. City Attorney Joel Stern stated they may ask for another motion or go on to the next item if there is no other motion. Mayor Coleman asked if there was another motion. Councilmember Sippel asked if the no vote means that they will be doing nothing with this;that there would be no more staff time done on this. City Attorney Joel Stern stated i t means that Councilmember Severs'request ends tonight on this,but he or another councilmember may call the city manager and state they want to put another item on the agenda regarding nonconforming signs. Vice Mayor Eck commented that is what he meant in his motion. Councilmember Severs stated he would do his own research and bring it back on a later agenda. City Clerk Kathleen Connelly stated the motion was that no action be taken at this time and that i t be left for a later time.There were 3 votes in favor and 4 votes against that. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 19 OF 28 Councilmember Dietz commented that means that the 4 votes want to do something with it. City Clerk Kathleen Connelly stated that is how it appears. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESEARCH AND/OR POSSIBLE CHANGES TO CITY SIGN ORDINANCE AND REGULATIONS REGARDING THE REPAIR AND MODIFICATION OF NONCONFORMING SIGNS:THAT NO CHANGES BE MADE AND NO MORE STAFF TIME BE TAKEN ON THIS ITEM. Councilmember Waldron SECONDED THE MOTION. VOTE:2-5 (Mayor Coleman,Vice Mayor Eck,and Councilmembers Dietz,Insalaco and Severs voted in opposition.) The motion failed. Vice Mayor Eck commented he can bring it back if there is a another solution. REVIEW OF GENERAL RURAL ZONE )Vice Mayor Eck briefed the council on this item.There is a new trend in the community of pulling manufactured homes and mobile homes off lots and building single family conventional site built homes.Some of the zoning on the property may have an improper zoning,such as a GR or TH.He suggested that in the case where they are replacing the mobile home to build a site built home,that staff be given the opportunity in the same zoning just approved tonight to give them those setbacks.It would not be a different zoning but they would have the setbacks of a CR-3.It is the setbacks that make the difference.This would enable someone to build a square home on a lot instead of being only able to build a rectangular home.This would be proactive;he does not think it would be used a lot.He believes it would occur only a few times a year. Mayor Coleman asked what language he had in mind. REGULAR MEETING OF THE CITY COUNCIL JULY 19.2005 PAGE 20 OF 28 Vice Mayor Eck commented it would direct planning staff to research the issue of substandard,although he is not sure it should be substandard,general rural and trailer homesite lots and to come back to council with the findings and a possible recommendation to allow manufactured to conventional home upgrades. Councilmember Sippel asked if this is just if they are taking their trailer off the property in order to build a stick built home. Vice Mayor Eck stated that is correct. Councilmember Dietz commented there are a lot of those occurring. Vice Mayor Eck commented the developers are the ones who are doing it.The land values have increased so they are removing the trailers and they do not want to do the rezoning so they are building skinny,long homes.He is hoping this may enable them to get the square home. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Eck MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING REVIEW OF GENERAL RURAL ZONE, APACHE JUNCTION CITY CODE,VOLUME I I LAND DEVELOPMENT CODE,CHAPTER 3 ZONING ORDINANCE,ARTICLE 15 RESIDENTIAL DISTRICTS,SECTION 15.0100:THAT COUNCIL DIRECT PLANNING STAFF TO RESEARCH THE ISSUE OF SUBSTANDARD GENERAL RURAL AND TRAILER HOMESITE LOTS AND COME BACK TO COUNCIL WITH THE FINDINGS AND POSSIBLE RECOMMENDATIONS TO ALLOW MANUFACTURED TO CONVENTIONAL HOME UPGRADES. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 21 OF 28 POSSIBLE CHANGES TO CITY CODE SECTION 2-4-6 ORDER OF BUSINESS,FURTHER DIRECTION TO STAFF REGARDING THEMES FOR CITY COUNCIL MEETINGS AND AN AWARDS AND RECOGNITION PROGRAM )Councilmember Severs commented he had a statement on the item.Last night at the council work session an item he put on the agenda was discussed.It was to place the Information and Reports section of our agenda closer to the beginning of the meeting so there would be more people in attendance to hear the information and the reports. Council also discussed an invitation and recognition program he would like to see implemented where anyone could recognize someone for being a special part of our community.He was overwhelmed with the amount of negativity he received from certain members of this council.He has decided to pull the item from the agenda and give up on the idea.He was elected by some of those special people and he represents some of those special people.He stated he will not be discouraged by certain people.He will continue to recognize our community in a positive manner and he will continue with his ideas and efforts to improve our city and make it easier for our citizens and business owners. Mayor Coleman commented he believed he hit on one of the problems.and that is that he was elected by some of those special people.It can become politicized so easily;this person helped the campaign so now he will be recognized at a council meeting. Councilmember Severs commented he would like for anyone.including a citizen,to be able to recognize someone else. saying that is one of the problems. be. the problems and i t has been in the past. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 22 OF 28 Mayor Coleman commented he is just Councilmember Severs stated it could Mayor Coleman commented i t is one of Councilmember Severs stated he did not see a problem with someone recognizing someone else and saying thank you for what you do for our community. Mayor Coleman commented to do i t here in a city business forum he is not sure is proper.He then moved on to the next item. CITY CODE AMENDMENTS REGARDING TIME ALLOCATION FOR CALL TO THE PUBLIC AND PUBLIC HEARINGS;PLACEMENT OF CALL TO THE PUBLIC ON COUNCIL AGENDA )City Clerk Kathleen Connelly briefed the council on the item.She stated staff researched fourteen different jurisdictions.They were asked where they placed their Call to the Public,how much time they allowed per speaker,and how much time they allowed per speaker for public hearings.Seven of the jurisdictions put Call to the Public at the beginning of the agenda,two put it at the beginning and the end,and five placed it at the end.Ten allowed 3 minutes per speaker,three allocated 5 minutes per speaker,and one allowed 5 minutes for an agenda item and 3 minutes for a non -agenda item.There were no specific limitations for public hearings because applicants required more time to present their cases. If the council is inclined to give direction tonight,they should do i t in as far as how much time they want for Call to the Public,where they want i t placed,and,since the code is silent on how much time is allowed at a public hearing,they should add that if they want to limit the time for a public hearing. Councilmember Sippel requested she repeat the placements of Call to the Public. City Clerk Kathleen Connelly repeated seven at the beginning of the agenda,two at the beginning and the end,and five placed i t at the end.This city has done i t both ways;i t had been at the beginning but in the 1980's it was moved to the end and i t has since been moved back to the beginning. Councilmember Sippel asked why i t was moved. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 23 OF 28 City Clerk Kathleen Connelly stated it was a very active political time and it was done so that certain individuals would not preoccupy the bulk of the council meetings with their Call to the Public statements,many of which were probably defamatory. Mayor Coleman stated he does not mind the location of Call to the Public on the agenda.We have a lot more coming before the council then we used to,so he does not think it would hurt to restrict them to 3 minutes at Call to the Public.People would have to organize their thoughts before they got up to address the council.He does not mind not having a time limit on public hearings,especially if it is an applicant that wants to make sure that we understand the material. Councilmember Sippel asked if the time frame on Call to the Public could be extended by the mayor for a certain individual if there is a long discussion with the individual. City Clerk Kathleen Connelly asked if he meant Call to the Public or a public hearing. Councilmember Sippel stated public hearings. City Clerk Kathleen Connelly suggested they put in the code that they are allowed 5 minutes but it can be extended at the discretion of the mayor.Historically,they have made the public hearing time the same as the Call to the Public time.The announcement for the public hearing actually states they have a 5 -minute time limit.I f they leave it wide open,she is not sure where that would lead. Councilmember Sippel commented he believed if they moved the Call to the Public to the end it would give them more time to get their thoughts together.There are times when someone at Call to the Public speaks on a public hearing item since they do not understand the process.Moving it to the end would give those people the opportunity to address the council at the public hearing' time and not get i t confused with Call to the Public. Councilmember Waldron asked if a person could hand something they had written down to the council prior to the REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 24 OF 28 meeting if they had something they wanted to speak about at Call to the Public.He added at the Maricopa Association of Governments meetings they allow that to occur,especially if someone will be going over their 3 minutes. City Attorney Joel Stern stated they can hand it to them and ask that i t be included in the record.It does not add additional time for them. Councilmember Waldron stated he was concerned about moving i t to the end of the agenda as there are people who like to address the council and they do not necessarily stay for the meeting. They go home right after Call to the Public.He would like to see i t stay where i t is. Mayor Coleman commented he likes the fact that i t is before Old Business and New Business,the things that are not public hearings so that people can speak on those items if they wish. Vice Mayor Eck commented he does not have a problem with the time or the placement the way i t is.He always thought the mayor did a good job the way he handled the public hearings.He does not know that change is necessary,unless i t is for the 3 minutes. Sometimes they have very positive speakers.They could make it 3 if it is negative and 5 if it is positive. Mayor Coleman stated he only remembers getting into trouble once when someone came up on a public hearing item,said their piece,and then wanted to get up again.He then closed the discussion with no further comments and called for a motion. Councilmember Sippel MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CITY CODE AMENDMENTS REGARDING TIME ALLOCATION FOR CALL TO THE PUBLIC AND PUBLIC HEARINGS,AND PLACEMENT OF CALL TO THE PUBLIC ON COUNCIL AGENDA:THAT 3 MINUTES BE ALLOWED FOR CALL TO THE PUBLIC;AND 5 MINUTES BE ALLOWED FOR PUBLIC HEARINGS,OR MORE TIME AT THE DISCRETION OF THE MAYOR;AND THAT THE PLACEMENT NOT BE MOVED FROM THE AGENDA ON THE CALL TO THE PUBLIC. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 25 OF 28 VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,AUGUST 15,2005,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,AUGUST 16,2005,IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented they have a council meeting next Monday. City Clerk Kathleen Connelly stated they have an orientation session with the executive director of the League of Arizona Cities and Towns at the old conference room at 6:00 p.m. Mayor Coleman announced that the August 1st and 2nd meetings have been cancelled. INFORMATION AND REPORTS Councilmember Waldron commented they will be posting a notice for the first neighborhood preservation meeting for August 4th at 6:00 p.m.in this room. There will also be an agenda. ADJOURNMENT )Mayor Coleman adjourned the meeting at 8:12 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 26 OF 28 Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of July 5,2005. 3.Consideration of Resolution No.05-24,Authorizing Mayor to execute the Economic Development Agreement with Apache Junction Imports.Inc.and declaring an emergency. 4.Approval of Award of Bid for PW 2005-06,Tires.to Am-Pac Tire Distributing,GCR Tire Center,Purcell Tire Company,Am-Pac Tire Pros and Redburn Tire Company for a combined total not to exceed $32.297.73. 5.Consideration of Resolution No.05-25,a resolution of the Mayor and City Council of the City of Apache Junction,Arizona,ratifying City membership in the Central Arizona Association of Governments (CAAG). 6.Approval of Award of Bid for PW 2005-07,Sand and Aggregates,to CEMEX in an amount not to exceed $272.500. 7.Approval of Rejection of all bids for Project PW 2005-05,Traffic signal pre-emption installation and programming.City Engineer and Fire District recommend rejecting all bids. ACCEPTED THIS 16TH DAY OF AUGUST CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. 2005,BY THE MAYOR AND SIGNED AND ATTESTED TO THIS 16TH DAY OF AUGUST ,2005. DOUGLAS Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 27 OF 28 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 19th day of July,2005.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of August.2005. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 19,2005 PAGE 28 OF 28